To amend title 38, United States Code, to enhance burial benefits for veterans, and for other purposes.

May 15, 2003

Mr. SPECTER introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

To amend title 38, United States Code, to enhance burial benefits for veterans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Veterans' Burial Benefits Enhancement Act of 2003'.

SEC. 2. MODIFICATION OF ELIGIBILITY OF STATES FOR BURIAL PLOT ALLOWANCE.

(a) IN GENERAL- Section 2303(b) of title 38, United States Code, is amended--

(1) in the matter preceding paragraph (1), by striking `a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war' and inserting `burial in a national cemetery under section 2402 of this title'; and

(2) in paragraph (2), by striking `(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)' and inserting `is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran'.

(b) APPLICABILITY- The amendments made by subsection (a) shall apply with respect to the burial of persons dying on or after the date of the enactment of this Act.

SEC. 3. LEASE OF UNUTILIZED OR UNDERUTILIZED PROPERTY OR FACILITIES OF NATIONAL CEMETERY ADMINISTRATION.

(a) IN GENERAL- Chapter 24 of title 38, United States Code, is amended by inserting after section 2406 the following new section:

`Sec. 2406A. Lease of unutilized or underutilized land or facilities

`(a) Subject to the provisions of this section, the Secretary may lease to such lessee, and upon such terms and conditions as the Secretary considers will be in the public interest, any unutilized or underutilized land or facilities of the United States that are part of the National Cemetery Administration as the Secretary considers appropriate.

`(b) The term of any lease of land or facilities under subsection (a) may not exceed three years.

`(c)(1) A lease under subsection (a) to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5).

`(2) Notwithstanding section 1302 of title 40 or any other provision of law, a lease under subsection (a) to any public or nonprofit organization may provide for the maintenance, protection, or restoration by the lessee of the land or facilities covered by the lease as a part or all of the consideration for the lease.

`(3) Before entering into a lease of land or facilities under subsection (a) to a public or nonprofit organization, the Secretary shall publish in a newspaper of general circulation in the community in which such land or facilities are located appropriate public notice of the intention of the Secretary to enter into the lease.

`(d) Notwithstanding any other provision of law, proceeds from the lease of land or facilities under subsection (a) shall be deposited in the National Cemetery Administration account. Amounts so deposited shall be merged with amounts in such account, and shall be available for the same purposes, and subject to the same conditions and limitations, as the amounts with which merged.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of that chapter is amended by inserting after the item relating to section 2406 the following new item:

`2406A. Lease of unutilized or underutilized land or facilities.'.

SEC. 4. ESTABLISHMENT OF NATIONAL CEMETERIES FOR GEOGRAPHICALLY UNDERSERVED POPULATIONS OF VETERANS.

(a) IN GENERAL- Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 2412. Establishment of national cemeteries: geographically underserved populations of veterans

`(a) Except as provided in subsection (c), the Secretary shall establish a national cemetery in each geographic area identified by the Secretary under subsection (b) in order to ensure that the veterans who reside in such geographic area reside not more than 50 miles from an open national cemetery.

`(b) The Secretary shall identify each geographic area in the United States in which--

`(1) the number of veterans who reside more than 50 miles from an open national cemetery or State cemetery for veterans exceeds 170,000 veterans; or

`(2) the number of veterans who reside more than 50 miles from an open national cemetery or State cemetery for veterans, when combined with the number of veterans who reside within 50 miles of a State cemetery for veterans but are ineligible for burial in such State cemetery due to residency requirements, exceeds 170,000 veterans.

`(c) If the Secretary determines that the expansion of one or more national cemeteries in a geographic area identified under subsection (b) is adequate and appropriate to meet the needs of veterans and their families in such geographic area, the Secretary shall expand such national cemetery or cemeteries in lieu of meeting the requirement for such geographic area under subsection (a).

`(d) A national cemetery established under this section shall be treated as a national cemetery of the National Cemetery Administration under this chapter.

`(e) In this section, the term `open', with respect to a national cemetery or State cemetery for veterans, means that the national cemetery or State cemetery for veterans has the capacity for each of the following:

`(1) First interment, in-ground casket burials.

`(2) Burial or inurnment of cremated remains.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of that chapter is amended by adding at the end the following new item:

`2412. Establishment of national cemeteries: geographically underserved populations of veterans.'.

END